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1. The Plaintiff:
A. The Defendants deliver the buildings listed in the separate sheet;
B. Defendant B shall be KRW 448,230 and November 8, 2015.
Reasons
1. The following facts may be acknowledged between the Plaintiff and the Defendant B by virtue of the overall purport of entry and pleading as to the evidence Nos. 1 through 7, and between the Plaintiff and the Defendant C, it is deemed that the Defendant C led to confession pursuant to Article 150(3) of the Civil Procedure Act.
A. On September 7, 2013, the Plaintiff leased to Defendant B a building listed in the separate sheet (hereinafter “instant building”) for the lease deposit of KRW 10,00,000,000, monthly rent of KRW 750,000, and the lease term from October 8, 2013 to October 7, 2015.
(hereinafter referred to as “the lease of this case”) B.
However, during the term of the instant lease, Defendant B paid only the rent for 20 days in total to the Plaintiff for 17 months and did not pay the remainder for 6 months and 10 days in arrears. The Plaintiff filed the instant lawsuit against Defendant B on October 12, 2015, and the duplicate of the complaint reached Defendant B on January 8, 2016.
On August 12, 2015, Defendant B sent the content-certified mail of “a demand for contract implementation and notice of termination of contract” to Defendant B, but this was returned.
C. Meanwhile, Defendant B, as of November 7, 2015, occupied and used the instant real estate together with Defendant B, in excess of KRW 5,500,00,00, and KRW 4,948,230 as of April 7, 2016, including management expenses and urban gas fees as of April 7, 2016.
2. The parties' assertion and judgment
A. According to the above facts finding as to the cause of the claim, the instant lease agreement was lawfully terminated upon delivery to Defendant B of a copy of the complaint of this case containing the Plaintiff’s declaration of intent to terminate the lease on the ground of the delinquency in rent, on January 8, 2016.
I would like to say.
Therefore, the Defendants are obligated to deliver the instant building to the Plaintiff, and Defendant B deducted KRW 10,448,230 from the sum of the overdue rent and the unpaid amount of management fees, urban gas charges (= KRW 5,500,000) to the Plaintiff, the lease deposit amount of KRW 10,00,000,000.